27 May 2021
1. TAY KIM SWEE @ TEY KIM SWEE 2. TAY KIM SWEE @ TEY KIM SWEE [Mendakwa selaku Pemegang Surat Kuasa Wakil Aziz Bin Amir] LIM CHIN HUWA
- Citation
- JB-22NCVC-30-07/2020 (LAMPIRAN 13) (Mahkamah Tinggi)
- Court
- LAMPIRAN 13
- Case number
- JB-22NCVC-30-07/2020 (LAMPIRAN 13) (Mahkamah Tinggi)
The application to strike out was dismissed because the defects alleged by the defendant (illegality, misnaming, lack of locus, bare trust) were not plain and obviously fatal on the face of the pleadings; the issues raised involved contested facts and points of law requiring full trial; the illegality defence did not conclusively bar the claim on the pleadings particularly where questions of approbation and public policy required careful weighing; accordingly strike-out was inappropriate and the matter must proceed to trial.